If the requirements of Articles 978

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

If the requirements of Articles 978 and 981 of the new Code of Civil Procedure are not observed, the forfeiture is incurred, but in the case where the appellant's action in the cassation appeal seeks payment of sums of money, the obligation to pay sums of money not being indivisible in itself, the appeal remains valid with respect to those parties who, having not filed a defence brief, have not raised the forfeiture of the appeal.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Scrupulously observe the statutory time limits for appeals
• Keep all your supporting documents (deeds, documents, correspondence)
• Be proactive: preventive advice is always cheaper than litigation

For an analysis of your situation: 30-min consultation at €45 with Maître Zakine.